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North Carolina Civil Rights Questions & Answers
1 Answer | Asked in DUI / DWI, Civil Rights and Libel & Slander for North Carolina on
Q: Having something removed from record?

How do i go about having a dui charge from 2008 removed from record, background check? And also a charge that Im not sure if its on my record or not, but child neglect/abuse that i was never convicted of through court, but had to sign a paper for department of social services when me and my child... View More

Kristen Dewar
Kristen Dewar
answered on Dec 5, 2017

You cannot expunge a DWI conviction from your NC criminal record. You used to be able to, but the expungement law was changed as of December 1, 2015. Hopefully, the legislature will revisit the law and revise it one day.

1 Answer | Asked in Family Law, Child Support and Civil Rights for North Carolina on
Q: How can I terminate paternal rights?

I am having a baby with a girl that says she is moving overseas with her army boyfriend and they will terminate rights while I still have to pay childsupport they will also not let me sign the birth certificate. I want nothing to do with her or the baby what are my rights in terminating my paternal... View More

Amanda Bowden Johnson
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answered on Sep 25, 2017

None - you don't get to terminate your parental rights unilaterally. the easiest way for your rights to be terminated is for her to sucker the Army boyfriend into marrying her and adoption the child. It would require your consent but it would end your obligation to pay child support.

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for North Carolina on
Q: How is it that after 1 hour and 19 minutes my BAC did not change? Should I get a liver enzyme blood test?

The body metabolizes alcohol at the rate of about 0.005 per twenty minutes. A different reading from the field test to the facility test should be shown. I am a healthy male 131 lb. and waited and hour before driving. If the equipment gave a false reading and scientifical the level should have... View More

Amanda Bowden Johnson
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answered on Aug 8, 2017

Every body metabolizes alcohol differently based on a plethora of factors. The field or portable breath test is highly unreliable. Even the machine used at the station has a .02 +/- variance. But even if you were given the benefit of a .02 variance in your favor, you are still a full point above... View More

1 Answer | Asked in Family Law, Civil Rights and Criminal Law for North Carolina on
Q: I'm 20 years old and my boyfriend is 19 I want to move in with him and he wants the same thing he lives with his mom

Does he have any legal right to let me move in if its his choice as an legal adult and his mom said no when she doesn't have any guardian ship over him any more

Amanda Bowden Johnson
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answered on May 22, 2017

This really ought to be common sense for you but if mom owns or is otherwise in control of the house (ie via a lease) and mom said no - that's pretty much all you need to know. Be respectful and let that be the end of it. Even if boyfriend does have some legal right to allow you to live... View More

1 Answer | Asked in Family Law, Child Custody and Civil Rights for North Carolina on
Q: Baby born in SC. Parents are NC residents. Which state has jurisdiction?
Amanda Bowden Johnson
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answered on May 12, 2017

Usually where ever the baby has lived for the last 6 months is where jurisdiction is. .

1 Answer | Asked in Civil Rights and Employment Law for North Carolina on
Q: Can I be fired in north Carolina for calling out to care for my sick child?
Kirk Angel
Kirk Angel
answered on May 9, 2017

Yes, unless your absence to care for your child is otherwise covered under the Family and Medical Leave Act (FMLA). The FMLA provides covered employees who work for covered employers with up to 12 weeks of leave for a serious health condition. Not all employers and not all employees are covered by... View More

1 Answer | Asked in DUI / DWI and Civil Rights for North Carolina on
Q: My friend is doing his jail time on weekends in a county jail. Can he get transferred to a different jail?

He's only doing his jail time for 7 days on weekends

Amanda Bowden Johnson
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answered on Apr 5, 2017

It is possible but it requires the consent of the sheriff in what ever county he wants to transfer to. Assuming you are talking about transferring to another county jail - the county sheriff is king and would make the ultimate decision regardless of what pretty much anyone else has to say about... View More

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Legal Malpractice for North Carolina on
Q: Do I have a right to see a child abuse incident report now it's been dismissed in court?

I was arrested on suspicion of child abuse in 2015. Due to my kids dad being military, I was able to respond to some allegations through the FAP program.(which reads statements from the incident report)1 This is how I found out that some statements in the police incident report were incredibly... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 17, 2017

Possibly through your state's police regulations. Generally, should have been released through the criminal discovery process. Speak with the NC Civil Liberties Union.

1 Answer | Asked in Personal Injury, Civil Rights and Education Law for North Carolina on
Q: Withdrew son from school due to bullying.

Our 7 y.o. son was verbally and physically bullied at his school. We contacted his teacher, guidance counselor, Assistant Principal, Principal, Assistant Superintendent and the Superintendent. We also contacted the School Board. Over the 4+ months this occurred nothing seemed to get done. The... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 27, 2017

For starters you could request an IEP and get a better place. There's usually no great answer on bullying. There should be a center in NC that deals with education law issues. The Education Law Center in Philadelphia might have the names of some NC organizations or where you can go to get such... View More

1 Answer | Asked in Civil Rights, Criminal Law and Internet Law for North Carolina on
Q: Other lawyers have told me I need the website adress of this illegal website I'm on before they can take my case .

I don't understand why I need to find the website address because of state and federal criminal eavesdropping statutes and other laws . Why do I need to find the website address before they can take my case and why when I contact the FBI and the DOJ they refuse to do the legal thing ???

Will Blackton
Will Blackton
answered on Feb 8, 2017

You have not provided enough information here for anyone to be able to help you out. Try asking your question again and including your cause of action, that is, what you are claiming happened that is illegal. Also, describe what you mean by illegal website.

1 Answer | Asked in Animal / Dog Law, Civil Rights and Family Law for North Carolina on
Q: Friend got kicked out of the house after coming out as trans; his mother kept his service dog. Can he get it back?

-He is over the age of 18 (enrolled in college, this happened over break) and currently staying with a cousin

-This is in North Carolina, USA

-He requires a service dog for multiple physical and mental issues; this has been certified by his physician.

-The mother paid for the service dog

Amanda Bowden Johnson
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answered on Dec 21, 2016

It likely depends on who owns the dog as to who gets to keep the dog. However, there may be some legal options so he should consult with a local attorney who can go over the situation in more detail and lay out his options.

1 Answer | Asked in Civil Litigation, Family Law and Civil Rights for North Carolina on
Q: can i sue my sons father if he has him circumcised and i dont wont him circumcised we have joint custody
Amanda Bowden Johnson
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answered on Sep 26, 2016

Depends on what any Agreements or Court Orders already in place say. If you both have joint custody and there is nothing about being required to give each other consent / permission for medical procedures then - you likely don't have a case. I realize there's a new medical fad about not... View More

1 Answer | Asked in Civil Rights, Criminal Law and Personal Injury for North Carolina on
Q: Can a Armed Security Guard detain someone?
Peter N. Munsing
Peter N. Munsing
answered on Sep 22, 2016

Assuming the person met the requirements of private protective services http://www.ncleg.net/EnactedLegislation/Statutes/PDF/ByChapter/Chapter_74C.pdf it would seem they can, but when and how is very dependent on circumstances. I suggest you contact a member of the north Carolina Advocates For... View More

1 Answer | Asked in Civil Rights, Criminal Law and Car Accidents for North Carolina on
Q: My fiancé got into an accident last year and now cops are trying to arrest him for damage to property (hit a mailbox)

For one the cop lives 3 houses down from me, so could he be profiling? He came with three other cops and proceeded to tell me he only needed him to sign some paperwork. I had my fiance call the police station and they said the cops were indeed there to lock him up. Also he told us he has the right... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 22, 2016

Sounds like more than a mailbox, no warrant no search --it's not "hot pursuit." But why not just turn the claim over to the insurance?

1 Answer | Asked in Civil Rights for North Carolina on
Q: How do you request a pretrial motion?
Rachel Lea Hunter
Rachel Lea Hunter
answered on May 11, 2014

You do not request a pre-trial motion. You file it. What kind of pre-trial motion would this be? The common ones are motion for default judgment (if no answer is filed), motion for judgment on the pleadings (if an answer is filed but there is no need for discovery) or a motion for summary... View More

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